The complaints were filed by attorneys at Sanford Heisler Sharp on
behalf of Jane Does 1-12 and John Doe 1, all of whom, the law firm says, are
former Coast Guard Academy cadets who were sexually assaulted during their time
at the academy. The firm says that the
complaints are the first known collective action by sexual violence survivors
against a United States service academy.
The complaints allege that the Coast Guard’s failure to implement
adequate policies and practices allowed sexual violence to go unchecked at the
academy, resulting in the claimants’ harm. They
further allege that the Coast Guard condoned and actively concealed the rampant
nature of sexual assault and harassment of academy students, knowingly placing
the claimants and other cadets in danger.
The claimants seek
to hold the Coast Guard accountable through the FTCA, a federal statute that
permits individuals to bring legal claims against federal agencies for torts
committed by their employees. Prior to filing an
FTCA complaint in court, an individual must first file an administrative
complaint with the agency at fault. The agency is then afforded six months to
investigate the claim. After that, the individual may file a lawsuit against
the agency at fault in federal court.
The investigation’s internal report, adds the law firm, notes that,
“academy leadership often failed to undertake sufficient action to ensure a
safe environment” and “too often failed to provide the support, trust, and care
that is so vital for victims of sexual assault.”
Sanford Heisler Sharp and co-counsel Maritime Legal Solutions took the
first step in the FTCA legal process by filing administrative complaints
against the Coast Guard on behalf of thirteen former Coast Guard Academy sexual
assault survivors. Specifically, these
complaints allege that the Coast Guard failed to adequately protect cadets from
sexual assault. The administrative complaints further allege that the Coast
Guard is liable under the FTCA because it was negligent in its response, or
lack thereof, to reports of sexual violence made by the claimants.
The complaints, says Sanford Heisler Sharp, “detail the sexual violence
endured by the claimants as cadets at the academy. Several claimants were
sexually assaulted in their dorm rooms by classmates who entered their living
spaces without permission, enabled by an academy policy that prevented cadets
from locking their doors.”
Redacted excerpts from filings by three of the claimants made available
by the law firms go into painful and disturbing detail on the nature of of the
mistreatment alleged. In each case, the claimant asserts “I have stated a viable FTCA claim against the Coast Guard and am
entitled to damages of $10 million.”